Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed

Starting this week, at the direction of Chairman Ron Marisco, the Pennsylvania House Judiciary Committee held week-long "Public Safety - gun laws and violence" hearings regarding numerous pending firearms-related bills, which seek to restrict firearm rights in Pennsylvania in every regard from outright banning all semi-automatic firearms and high capacity magazines to banning any part … Continue reading Pennsylvania Firearm Rights in the Crosshairs – The Rights That Stand to be Infringed

With a Second Stroke of a Pen, PA Governor Wolf Ensures that Firearm Rights are Restricted by Renewing Proclamation of State of Emergency

Yesterday, for the second time, Pennsylvania Governor Wolf renewed a proclamation declaring Pennsylvania’s heroin and opioid epidemic a statewide disaster emergency, seemingly triggering the firearm prohibitions found in 18 Pa.C.S. § 6107 during declared emergencies. As I discussed extensively in my prior blog article - With a Stroke of a Pen, PA Governor Wolf Limits … Continue reading With a Second Stroke of a Pen, PA Governor Wolf Ensures that Firearm Rights are Restricted by Renewing Proclamation of State of Emergency

What Do You Do If You Realize That Your ATF AFMER Report Is In Error?

Recently, I had a client, who timely (prior to April 1st) filed with the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") his Annual Firearm Manufacturing and Export Report ("AFMER") and after filing it, realized that a firearm manufactured in 2018 was inadvertently included on the form for 2017.  When it was discovered, my client … Continue reading What Do You Do If You Realize That Your ATF AFMER Report Is In Error?

FOIA Filed with ATF over Bump Stock Determinations

Today, Firearms Industry Consulting Group (FICG), on behalf of Firearms Policy Foundation ("FPF"), filed a, expedited Freedom of Information Act ("FOIA") request with ATF requesting copies of all prior determinations issued by ATF regarding the lawfulness of bump stocks. As the comment period only permits comments to be submitted until June 27, 2018 and in … Continue reading FOIA Filed with ATF over Bump Stock Determinations

Governor Wolf to Permit Hunting with Leashed Tracking Dogs

Yesterday, Governor Wolf brought Pennsylvania hunting into the 21st Century by permitting the use of leashed tracking dogs - which is permitted by 35 other states - by enacting SB 135. SB 135 amends Section 2383 of the Pennsylvania Game Code by permitting an individual to: Make use of a leashed tracking dog to track … Continue reading Governor Wolf to Permit Hunting with Leashed Tracking Dogs

Violating Pennsylvania’s Human Relations Act by Denying Sales of Firearms and Ammunition to Those Under 21 Years of Age?

Recently, numerous companies, including Dicks, Walmart, and even Pennsylvania-based Dunkelberger's Sports Outfitters, started refusing to sell rifles and shotguns to individuals between the ages of 18 and 21, seemingly in violation of Pennsylvania's Human Relations Act. Before addressing PA's Human Relations Act, let's review Pennsylvania's constitutional provisions. First and foremost, Article 1, Section 1 - Inherent rights … Continue reading Violating Pennsylvania’s Human Relations Act by Denying Sales of Firearms and Ammunition to Those Under 21 Years of Age?

President Trump and Vice President Pence to Lose Second Amendment Rights

Yesterday, President Trump stated that "[i]t takes so long to go to court to get the due process procedures, I like taking the guns early. Take the guns first, go through due process second" seemingly without consideration for what he was proposing or the impact on his and Vice President Pence's Second Amendment rights. What … Continue reading President Trump and Vice President Pence to Lose Second Amendment Rights

After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…

Having watched a lot of Law & Order, most individuals believe that upon arrest, they will be provided at least one free phone call but that isn't exactly true in Pennsylvania. Upon arrest, there is no immediate right to a phone call in Pennsylvania. Within a reasonable time of being arrested, the Police officer must … Continue reading After an Arrest in Pennsylvania, You Get a Free Phone Call, Right? Well, Not Exactly…

New PA Hunting Law Precludes Revocation of Hunting Licenses

Yesterday, Governor Wolf signed HB 359 into law, which will take effect in 60 days and provides protections for hunters, (1) where they mistakenly kill a bear or elk, (2) where they are erroneously hunting in the wrong area and take a game animal that is out of season, and (3) where the hunter is … Continue reading New PA Hunting Law Precludes Revocation of Hunting Licenses

York County Magistrate Judge Dismisses Charges of Making False Statements in Relation to Prior Putative Mental Health Commitment

Today, Attorney Eric Winter successfully argued for dismissal of charges before a York County Magistrate Judge. The charges were filed by the York County Sheriff in relation to a putative false statement our client made when applying for a license to carry firearms ("LTCF"). In arguing that our client had not been committed to a … Continue reading York County Magistrate Judge Dismisses Charges of Making False Statements in Relation to Prior Putative Mental Health Commitment